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U.S. v. DARWIN CONST. CO., INC.

No. 88-3066.

873 F.2d 750 (1989)

UNITED STATES and Special Agent Gail R. Kohorst of the Internal Revenue Service, Plaintiffs-Appellees, v. DARWIN CONSTRUCTION COMPANY, INC.; Lester J. Robinson, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided May 8, 1989.

Attorney(s) appearing for the Case

David Irving Gelfand (R. Stan Mortenson, Randall J. Turk, Miller, Cassidy, Larroca & Lewin, Price O. Gielen, Melnicove, Kaufman, Weiner, Smouse & Garbis, P.A., on brief), for defendants-appellants.

William Anthony Whitledge (William S. Rose, Jr., Asst. Atty. Gen., Gary R. Allen, Charles E. Brookhart, Tax Div., Dept. of Justice, Breckinridge L. Willcox, U.S. Atty., on brief), for plaintiffs-appellees.

Before ERVIN, Chief Judge, RUSSELL, Circuit Judge, and KISER, United States District Judge for the Western District of Virginia, sitting by designation.

DONALD RUSSELL, Circuit Judge:

Darwin Construction Company and its president and sole shareholder, Lester J. Robinson, appeal from an order of the district court which imposed a $30,000 civil contempt fine against Darwin Construction Company,1 and from the district court's subsequent denial of its motion to set aside or reduce the fine.2 For the reasons set forth below, we modify the district court's assessment...

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